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HomeMy WebLinkAboutO-1644 Regulating Single-Use Plastic Beverage Bottles and Single-Use Plastic Beverage ContainersORDINANCE NO. 1644 (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING SECTION 3.24.075(F) TO THE MUNICIPAL CODE IN COMPLIANCE WITH RECENTLY ADOPTED CHAPTER 8.07 REGULATING SINGLE -USE PLASTIC BEVERAGE BOTTLES AND SINGLE -USE PLASTIC BEVERAGE CONTAINERS WHEREAS, the City of San Luis Obispo ("City") has the police power to protect the health, safety and welfare of the community, including the ability to protect and enhance the natural environment; and WHEREAS, regulating the use of plastic beverage bottles will help to minimize waste associated with plastic bottle usage and help to maximize the operating life of landfills; and WHEREAS, the City Council of the City of San Luis Obispo conducted a study session in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 3, 2017, and directed staff to develop regulations to restrict the sale/distribution of plastic beverage bottles on City property and increase the availability of water bottle filling stations in the City; and WHEREAS, on November 7, 2017, the City Council of the City of San Luis Obispo adopted Ordinance Number 1641 (2017 Series) to add Chapter 8.07 of the Municipal Code, establishing, in part, regulations to restrict the sale/distribution of plastic beverage bottles on City property; and WHEREAS, Ordinance Number 1641 (2017 Series) mandates the City to amend its purchasing policies to be consistent with the City's regulations on single use plastic bottles. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by this reference as the findings of the City Council. SECTION 2. Action. Section 3.24.075 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 3.24.75 Environmentally Preferred Purchases. A. It is the intent of the city Council that the City of San Luis Obispo take a leadership role not only in recycling its waste products but also in the purchase of recycled products for use in the delivery of city services. It is the purpose of this section to provide direction to the city administrative officer in the procurement and use of recycled products. For the purpose of this section, recycled materials are defined as any materials (e.g., glass, paper, plastic, etc.) that are separated by type, reprocessed by industrial methods, and used as raw materials for the manufacture of new products. X.•. Ordinance No. 1644 (2018 Series) Page 2 B. It is the policy of the City of San Luis Obispo to purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety, or operational efficiency. C. It is the policy of the City of San Luis Obispo to encourage the purchase of products which can be recycled or reused. D. The City will purchase and use recycled paper for masthead stationery, envelopes and printing purposes. In addition, recycled paper shall be purchased and used in all copy machines which will accept it. City staff will encourage the copier industry to develop high- speed copiers which will accept recycled paper. E. City departments shall examine their purchasing specifications and, where feasible, purchase equipment, supplies, and services that result in less harm to the natural environment. This involves the purchase of equipment, supplies, and services in a manner that uses less harmful materials, employs recycled or recovered materials (where appropriate and available), and utilizes techniques intended to result in less impact on the environment than other available methods. F. It is the policy of the City of San Luis Obispo that City funds shall not be used to purchase single -use plastic bottled beverages of less than 21 ounces or single -use plastic drink containers or single -use plastic beverage containers, as provided in Chapter 8.07 of this Code. G A ten percent preference, not to exceed one thousand dollars per contract, may be given to recycled products. The fitness and quality of the recycled product must be at least equal to unrecycled products as determined by the city. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering nonrecycled products. H Price preferences may be offered in excess of the ten percent ceiling established in this section, if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the city. Award of a bid in excess of the ceiling, however, requires the approval of the city administrative officer or city Council as established in the city's purchasing manual. 01644 Ordinance No. 1644 (2018 Series) Page 3 SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. A copy of the full text of this Ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any member of the public. INTRODUCED on the 2nd day of February, 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 20th day of February, 2018, on the following vote: AYES: Council Members Gomez, Pease, Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None f f Mayor Heidi $armo I ATTEST: Carrie Gallagher City Clerk OVED AS TO FORM: ;/Christine D; City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this $h day of , /R Carrie Gallagher City Clerk 01644